November

1999

The lull has set in. It is the best time to realise training and strengthening of trade-union structures.

The November 11, 1999 action passed in different cities variously. Grodno ("Southern") and Minsk where nobody work at many markets or no more than one percent of the businessmen traded struck very actively. The exception made the market "Zhdanovichy" in Minsk where hardly more than 30 % of the sellers worked. Some cities supported the strike partially and there up to 70 % of the sellers worked. On the whole in the republic hardly more than 60 % of the businessmen supported the strike. Is it many or little? Is it good or bad? What are lessons and what are conclusions? Taking into account all circumstances it is possible to consider the stock to be successful. There where strong and informal structures were the action was successful, there where strong structures and leaders are absent people were not informed about the strike at all. Many trade-union organisations do not have money to buy paper and to make printed materials.

In the Republic of Belarus the lull in the part of robbery of the citizens has set in. It is high time to begin the training of the leaders, to accumulate money resources, to create and to strengthen the structures. The respite should be used with the advantage for our common movement. The trade union it not a fire-fighting team. Today we only begin to be formed. New leaders appear, occasional people are screened out. There is a normal process of creation of a severe organisation.

In the near future we, probably, will not be robbed. You have shown that you can give as good as one got. Now the primary aim of the trade-union leaders is to prepare for difficult and composite further struggle for our rights in 2000. For this purpose it is necessary to us to create informational - legal centres for personal businessmen in Minsk and other regional cities. It is necessary to increase the number of our supporters, to consolidate the material base of the trade union, to conduct propaganda and explanatory work among businessmen and citizens. «While it is fine weather, mend your sail» - this proverb is actual for the businessmen’s organisations. Whether we shall be ready to meet new shock from the state depends only on us with you. Unfortunately, the editors of the bulletin have a very weak feedback with the businessmen. Inform us about your problems through your active workers at the markets. We shall try to disassemble in them and to solve them. Specially it concerns Minsk and Brest.

Seminars

11.11.99 in  Grodno a seminar spent by the trade union of the businessmen "Southern" was held. At the seminar the representatives of services engaged in the certification of the goods and its hygienic regulation made a speech. All who wanted could receive the legal advice of a lawyer. Unfortunately, some registered businessmen did not come and they deprived other businessmen of the capability to take part in this. To generalise the experience we publish the answers to some questions asked at the seminar.

Question: Has the tax inspector the right to search me, to feel pockets and parts of the body looking for money at realisation of checks at a trade place? I, a woman, was groped about by the tax inspector (a man) - he was looking for money.

Answer: he has no such a right. Such actions of the tax inspector are punished by the law. The tax supervisor has no the right to conduct boarding, to search. He at all has no the right to touch you. The boarding or search is the right only of an employee of militia and only if he is of one sex with the law breaker and only at the presence of two unisex witnesses. Realising boarding or search in the obligatory order the appropriate protocol of boarding (search) should be made up. Moreover, the sanction of the procurator is necessary to realise the search. What is difference between boarding and search? Boarding is when you show something for boarding by yourself. The search is when a militiaman gropes about your pockets or bag.

What concerns this particular inspector, his actions (slapping and palpation of different parts of the body) contain also tags of sex demands. You can submit the appropriate claim to the court. What should you do in such cases? It is necessary to compound the Act on the form offered in №29 of the bulletin "Businessman". The act is made by hand. In the act you should point out everything the inspector have done in the details. The act should be transmitted into the trade union. And this perverted man will be mad answer for his actions by us.

Question: At the market the tax supervisor comes to a businessman, takes his note-book of the registration or things away and says «You will come to the cabinet, we shall investigate there». Are the actions of the inspector legal?

Answer: Illegally. From the point of view of the Criminal Code these actions of the inspector are estimated as an exceeding of one's authority and service authorities or robbery (open theft of the property). A tax inspector should have basis to except something. At presence of the basis an inspector is obliged to made up a protocol or Act of exception. And only after that he have the right to except something. The breach of this established order is pursued according to the law. Moreover, demand to consider business at the place . You are not obliged to go anywhere with an inspector or militiaman.

If a militiaman or tax inspector insists you to come with him, ask him to made up a protocol of detention. Such protocols are absent at them and they do not know how to make them up.

It is always necessary to require from employees of militia or tax inspection to state the requirements in written form. You are not obliged to execute their requirements. Only  legal. And to come with somebody to make up a protocol when the protocol can be made up at the place is the wrongful requirement breaking the human right on the freedom of movement.

Say that you want the witnesses on business to be your neighbours at the market or people who stand near by instead of people assigned by the person who is making up a protocol.

If he refuses made up an act on a militiaman or tax inspector. As the practice shows the witnesses - neighbours give more objective indications than witnesses of an inspector.

Question: Has my relative or acquaintance the right to be at my trade tent? The tax inspector says that he has not got such a right.

Answer: He has such a right if you agree. The legislation does not prohibit somebody to be at your trade tent. Moreover, any citizen has the right to render help to you looking after your goods on a voluntary basis. The tax inspection has no the right to limit a circle of  people who are on your work place.

Our advice to all who trade at the market. When you are told that something cannot be done, you should always ask: «And where is it written!?». The crux of the matter is that an inspector can act only within the framework of authorities submitted to him by the law. Any requirements or limitations of your rights should be accompanied by the link to the legislative act. If the requirement is not affirmed by the law estimate it as an exceeding of one's authority by an official and sent him further thus you can point the road exactly.

Question: I was taken the register-book by the inspector of the tax inspection and was told to re-count things. And he will compare records in the register-book and he does not show the register-book to me. Is it legal?

Answer: The game «guess a digit» is illegal. As we have already explained above, your register-book can not be taken away by nobody (even for five minutes) without making up the Act of exception as it is your property.

Such form "of check" is illegal and it is not mentioned in the methodical indications, is the clowning and is punished by the law.

All facts of breaches on the part of the tax organ or militia should be told to the trade union. We want you to make the appropriate Acts on each case.

It should be known by everyone (continuation, beginning in №29)

«ABOUT MILITIA» THE LAW OF THE REPUBLIC OF BELARUS (excerpts)

Article 15. Duties of militia

15) To determine reason and conditions contributing to committing crimes and other offences and to take measure to remove them within the limits of its competence, to establish and realise administrative supervision over persons who were released from places of forfeiting of freedom according to the law and also control persons who were sentenced to capital punishments irrelevant with forfeiting of freedom, take part in precautions of children’s neglect and breaches of the law by minors, drug addicts, drunkenness, vagrancy, prostitution and other breaches of the law;

16) To help persons who serve their sentence in social adaptation;

17) To realise within the limits of their competence all work on business about administrative breaches of the law;

18) To control the fulfilment of demands of the laws by the officials within the limits of their competence;

19) To guard objects on the agreed basis in cases and order established by the Council of Ministers of Belorussian SSR;

20) To provide public order when mass measures of commercial nature are realised on means of organisations and persons who realise them;

21) To control traffic, to supervise the fulfilment of rules, norms and standards in the sphere of secure traffic, to register auto- moto- vehicles and issue of driver’s licenses;

22) To control the fulfilment of the established rules of opening and work of the objects supervision over which is the task of the militia, and also purchase, storage and transposition of weapon, ammunition, explosive, drastic, toxic, radio-active matters and drugs;

23) To give passports to citizens, to register and delineate citizens, to control the fulfilment of the rules of passport system established by the law by officials and citizens, entrance to Belorussian SSR, departure from Belorussian SSR, stay and transit thoroughfare of foreign citizens and and stateless persons through the territory of Belorussian SSR;

24) To realise guard-regime measures in zones of radio-active impurity which are settled out;

25) To realise urgent measures to save people, to render them help and to guard their property which has been left without care at emergencies, disasters, fires, natural disasters and others extraordinary events;

26) To take part in maintenance of a mode extraordinary or military rules in a case if it is introduced in the territory of the republic or in separate territories;

27) To provide safety of the documents, things, values and other property which were found and handed to the militia, to take measures to return them to their legal owners;

28) To render first aid to persons who have suffered from breaches of the law and casualties and who are in public places in helpless or dangerous state for health and life within the limits of available possibilities;

29) To save life, health and property of persons who are in danger because they help the law-enforcement bodies prevent, deploy and investigate crimes.

The militia participates within the limits of their competence in realisation of quarantine measures at epidemics and epizootic; help the bodies of protection of nature in the environmental protection, nature resources and the world of animals.

The militia can be assigned by other duties foreseen by the legislation of Belorussian SSR.

A worker of the militia everywhere in Belorussian SSR independently of his post, location and time when he is addressed to by citizens and officials with the application or information about the events which threaten to personal or public security or in a case if he himself finds such facts is obliged:

To accept all possible measures to prevent and suppress a breach of the law, save people, render requiring help, determine and arrest persons who have committed a crime, find witnesses of an offence, guard a place where a crime was committed;

To inform about this the nearest body of the militia.

Article 17. Operative and searching activity of militia

Operative and searching activity of militia is realised to prevent and deploy crimes with the use of vocal and secret forces, means and methods.

Realising operative and searching activity a militiaman is forbidden:

1) To make actions which threaten to life, health and property of the citizens;

2) To incline and provoke of the citizens to commit crimes;

3) To use violence, threatens, blackmail and other illegal actions which limit right, freedoms, legal interests of the citizens and officials.

Operative and searching measures which break inviolability of dwelling, privacy of correspondence, mail sendings and phone calls are allowed only from the sanction of the procurator or according to the court’s decision.

To be continued in the following issue.

"Small" ruses of  “big” men.

The closer any significant political events are the different government bodies behave actively. The approximating mass actions of the citizens including a March of Freedom - 2 which should be held on November 24, 1999 make the authorities prevent to the realisation of this measure using the judicial and law-enforcement system.

In court of Leninsky district of Grodno the civil case on the claim of Valery Levonevsky to Regional TV communications is considered. For small delay of V. Levonevsky to the beginning of the session of the court the administrative minutes on article 166.1 CAR of РБ «Revealing of the disrespect to the court» is made up. This article supposes administrative liability to 15 days of arrest (commitment). From the point of view of the right it is a full nonsense as this article supposes the liability for malicious evading from the appearance in court. With my participation tens sessions of the court within last three years took place. I have never revealed the disrespect to the court though frequently I have been waiting for the beginning of a session of the court by hours as the judges assign consideration of several business on the same time simultaneously. It was necessary to find a formal reason for the arrest and it has been found. Consideration of business is assigned on 15.11.99 i.e. I have a unique capability to spend time behind a bar with the vagabonds again up to the end of the month. The business could have been considered by the judge who made up the protocol but the business is handed to the judge who in April, 1999  "awarded" me with 13 day of arrest on the fabricated business «For organisation of the unauthorised meeting to protect the rights of a customer».

In any case the authority has decided to be over-insured … and Levonevsky is called at

19.11.99 in Minsk in AIA of Minsk municipal committee to the senior operative representative of the Department on Economical Crimes of MAIA of Minsk municipal committee A. V. Daniel. Those who want may get the additional information on tel. in  Minsk 229-47-47,. Minsk Dobromuslensky lane house 5 cabinet 313. The next business where I am a witness ha not been indicated as usually.

Why in Minsk and why 19.11.99, on Friday. We have already learned it. Interrogation as a witness, then search and arrest. It will be possible to appeal against actions of militia only on Monday, and Saturday and Sunday according to the authors of the grandiose project I should behind the bar with the possible continuation of the term.

The notice: I was already so called in April, 1999 as a witness. I was interrogated all day long in a day off, on Saturday with interruptions searches at my office and home with the exception of computer equipment and documents were held. On Monday they apologised and…that is all.

The authorities took into account lessons of a MARCH of FREEDOM of October 17, 1999 and begin one by one to isolate possible participants and organisers of the following actions of the protest. Therefore citizens be vigilant. I am  sure that such and other measures of effect will be received to many from you.

HUMOUR

Well what can you tell to be excused?

You see...

That is enough! Shoot him! Next! (Decree of the president №?)

 A new Russian having returned from the cruise on the renewed "Titanic":

- It was cool, everything was as in the film: furniture, chandelier, music, Di Caprio... Only all the same I was deceived: THERE WERE NO ICEBERG!